Yesterday our birth injury attorneys discussed the claims of some medical professionals that Cesarean section birth were far too frequent than necessary. We explained, however, that one of the main forms of negligence on the parts of doctors involved in complex deliveries was their failure to perform a C-section. As we noted, both points needed to be balanced. Doctors could likely take a more reasonable approach to advising patients on C-sections when they were not essential. The increased complications caused by the surgical procedure should not be ignored. Yet, when real complications developed in birth that demanded emergency actions, doctors cannot unnecessarily delay in performing a C-section.
Even though, as explained yesterday, C-section deliveries are at an all-time high, there remain many births that occur where the baby is in distress and a C-section is not performed in as timely a manner as necessary resulting in a severe birth injury. That appears to be what one family is claiming happened to their daughter according to a report in The Daily Citizen. The story explains that a mother has filed a birth injury lawsuit claiming that her now one-and-a-half year old daughter suffered a bowel injury because of her doctor’s failure to perform a timely C-section.
According to documents filed with the suit, the mother claims that her daughter developed an obstructed and enlarged bowels while she was in utero. Doctors were aware of the problem, and well before the delivery they had concerns about the safety of a vaginal delivery. Yet, even though doctors had previously warned against a vaginal delivery, when the women went into labor, the medical team arranged for her to deliver without a C-section. This was apparently against the express order of her doctor.
The vaginal birth led to a variety of problems, claim the family, whereby the young child eventually had to undergo surgery. The child ultimately lost part of her intestines and she remains on a feeding pump to this day-a year and a half after her birth. The problems will apparently last her entire life. The family filed the suit this week claiming that the professionals involved, had they acted as other reasonable doctors would have, could have prevented the harm. Of course, negative outcomes in a birth do not automatically signify that the civil law standards were violated. Instead, it will be important for specific information about the case to be investigated and brought to light. The medical professionals conduct can then be compared to a reasonable standard and a jury can decide whether attaching liability is appropriate.
Our Chicago birth injury lawyers have worked with families in similar situations. There are often real concerns that doctors should have performed a C-Section birth when they knew that problems would develop from vaginal births. This case suggests even greater problems, because there are claims that a C-section was actually ordered ahead of time but ignored. Beyond a mere competence issue that bespeaks of a serious communication breakdown between medical staff members. While less common, problems relaying information between groups of doctors are very serious issues that, as shown here, have real consequences.
In Other News: Two of our companion blogs–The Illinois Medical Malpractice Blog and Illinois Injury Lawyer Blog–were nominated for inclusion as one of the Top 25 Tort Blogs of 2011. The award is part of the LexisNexis project which seeks to feature blogs that set the standard in certain practice areas and industries. The voting to narrow down the field is currently underway, and we would love to have your vote. All you have to do is add a comment at the end of the post about the Top 25 bogs.
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